Exhibit B Consultant’s Scope of Services (Design-Build Project)
Article 1 - Criteria Architect/Engineer’s Basic Services
1.1 General
1.1.1 Basic Services to be provided by the Criteria Architect/Engineer (“Consultant”) shall consist of the activities and stages set forth in Article 2 through Article 5.
1.2 Sustainability Requirements
1.2.1 This Project shall be designed and constructed in accordance with the requirements of Am. Sub. H.B.251 of the 126th General Assembly and the resulting rules, policy, and procedures adopted by the Ohio Facilities Construction Commission establishing Sustainability Requirements for Capital Improvements Projects, including but not limited to the applicable provisions of OAC 3318-3.
1.2.2 The Consultant shall incorporate cost-effective, energy-efficient, green building practices to the maximum extent possible into the Project.
1.3 Consultant’s Relationship to the Contractor
1.3.1 The Consultant is authorized to disapprove or reject Defective Work. The Consultant shall immediately notify the Contracting Authority any time the Consultant disapproves or rejects an item of Work.
1.3.2 The Consultant is not responsible for design or construction means, methods, manners, techniques, sequences, procedures, or for safety precautions and programs in connection with the Work, or for the Contractor's failure to carry out the Work in conformity with the Contract Documents.
1.3.3 The Consultant’s review and approval of the Work and any information the Contractor submits to the Consultant is for the sole purpose of determining whether the Work and information are generally consistent with the Contract’s intent, and will not relieve the Contractor of its sole responsibility for the performance, preparation, completeness, and accuracy of the Work and information.
1.4 Limitation of Consultant’s Authority
1.4.1 Under no circumstances is the Consultant authorized to:
1.4.1.1 bind the Owner or Contracting Authority to any authorizations under, modifications of, or amendments to any contract;
1.4.1.2 accept any defective or non-conforming services, Work, or vendor-furnished items;
1.4.1.3 make any settlements on behalf of the Owner or Contracting Authority; or
1.4.1.4 assume any responsibilities of the Contractor, Consultants, or Subcontractors.
Article 2 - CONCEPT and DESIGN criteria STAGE
2.1 Organizational Meeting
2.1.1 Commencement.
2.1.1.1 The Consultant’s Services will begin on the date set forth in a notice that the Contracting Authority will issue to the Consultant.
2.1.1.2 Unless the Contracting Authority agrees otherwise in writing, the Consultant’s Services will begin with an organizational meeting between the Contracting Authority, the Owner, and the Consultant. All of the Consultant’s key personnel involved in the Project shall attend the organizational meeting.
2.1.2 During the organizational meeting, the attendees will:
2.1.2.1 review the responsibilities of each of the Contracting Authority’s and the Owner’s key personnel involved in the Project;
2.1.2.2 review the scope of the Consultant’s Services and the responsibilities of each of the Consultant’s key personnel involved in the Project;
2.1.2.3 review and establish lines of communication between the Contracting Authority, the Owner, and the Consultant;
2.1.2.4 develop a list of the Owner’s Project-stakeholder representatives to be involved in the Concept and Design Criteria Stage to inform the development of the Concept and Design Criteria Documents; and
2.1.2.5 review the then-available information and documents which reflect the Owner’s requirements and objectives for the Project including Project Schedule and Construction Budget requirements and objectives.
2.1.3 Within 5days after the organizational meeting is adjourned, the Consultant shall prepare and submit to the Contracting Authority and the Owner:
2.1.3.1 detailed minutes of the organizational meeting; and
2.1.3.2 a proposed Project Schedule reflecting the performance of the Consultant’s Services and the progression of the Project through award of the Contract to the Contractor.
.1 The Contracting Authority, the Owner, and the Consultant will promptly thereafter consult with one another as necessary to reach agreement on the initial Project Schedule, which shall be used as the basis for moving forward with the Project subject to revision.
2.1.3.3 If the Project is administered using OAKSCI, the Consultant shall distribute the minutes of the organizational meeting through the “Meeting Minutes” business process.
2.2 General Requirements
2.2.1 In addition to performing those Services required to comply with Sections2.3 and 2.4, during the Concept and Design Criteria Stage, the Consultant shall:
2.2.1.1 identify the building type and research, analyze, and document relevant information specific to that type;
2.2.1.2 meet and otherwise work with the Contracting Authority, the Owner, the Owner’s Project-stakeholder representatives, and others with an interest in the Project to establish goals and objectives for the Project;
2.2.1.3 gather, analyze, and document information relevant to the identified Project goals and objectives;
2.2.1.4 identify and evaluate strategies to achieve the identified Project goals and objectives;
2.2.1.5 advise the Contracting Authority and the Owner in writing if at any time it appears that the Project Schedule or Construction Budget may be exceeded and make recommendations for corrective action;
2.2.1.6 meet with the Contracting Authority and the Owner at intervals acceptable to the Contracting Authority and the Owner, to review drawings and other documents which depict the current status of the Concept and Design Criteria Stage of the Project;
2.2.1.7 identify and analyze issues related to compliance with Applicable Law and participate in related meetings with government authorities that have jurisdiction over the Project;
2.2.1.8 investigate existing conditions and verify the accuracy of Owner-provided information about existing conditions, as appropriate;
2.2.1.9 notify the Owner of the need for the professional services of any Separate Consultants required for the Project; and
2.2.1.10 review and provide recommendations concerning Site use and improvements and alternative approaches to selection of materials, building systems, and equipment.
2.3 Consultant’s Concept and Design Criteria Submission
2.3.1 At the completion of the Concept and Design Criteria Stage, the Consultant shall submit the provisional Concept and Design Criteria Documents to the Contracting Authority and the Owner.
2.3.2 The provisional Concept and Design Criteria Documents shall be in the form of a written report, conceptual drawings, and conceptual specifications. At a minimum, the Concept and Design Criteria Documents shall include:
2.3.2.1 an executive summary of the Concept and Design Criteria Documents;
2.3.2.2 building type information including: (1)the types of functions frequently included in the building type, (2)the space criteria (number of square feet per person or unit) for those functions, (3)typical relationships of spaces for those functions, (4)typical ratios of net assignable square footage to gross square footage for the building type, (5)typical costs per square foot for the building type, (6)typical site requirements for the building type, (7)technical, mechanical, electrical, security, or other issues unique to the building type, and (8)issues that might alter the accuracy of the identified data in the case of the Project;
2.3.2.3 a narrative description of the Project’s goals and objectives such as: (1)the role of the Project in the achievement of the Owner’s overall organizational objectives and goals; (2)Project form and image goals such as aesthetics, relationship to the site, adjacent areas, and neighbors including any historic, cultural, and/or context implications; (3)function goals including identification of all major building functions and occupancy requirements; (4)economic goals including total Project Budget, Construction Budget, factors related to initial costs versus long-range operating and maintenance costs, level of quality desired; and sustainability considerations; and (5)schedule goals including desired dates for commencement of construction and for Final Completion and the Owner’s projected needs for the Project over the next 20years in 5-year increments;
2.3.2.4 a description of space requirements, including a listing of the desired spaces and an identification of each space’s basic criteria such as occupancy requirements, dimensions, proportions, ceiling heights, and service, equipment, storage, utility, access, flexibility, configuration, security, adjacency, aesthetic, and other requirements;
2.3.2.5 a description of planning and design criteria such as workstation, office/room standards; clustering and layout criteria; circulation criteria; applicable space-planning modules; dimensional criteria; building systems interface criteria; envelope criteria; accessibility requirements; and a description of performance criteria applicable to building components such as envelope, structure, interior construction, and mechanical, electrical, and plumbing systems, etc.;
2.3.2.6 a description of site development and design criteria including zoning, design guidelines, deed restrictions and requirements, traffic (bus, automobile, and pedestrian) considerations, utility availability, topography, views, built features, etc.;
2.3.2.7 a conceptual site plan and conceptual building plans and elevations illustrating the Project’s scale and the relationship of Project components to one another and the relationship of the Project to surrounding properties;
2.3.2.8 if not noted on the drawings, conceptual specifications reflecting preliminary selections of materials, building systems, and equipment;
2.3.2.9 a preliminary estimate of Construction Cost using area, volume or similar conceptual estimating techniques;
2.3.2.10 a preliminary Project Schedule reflecting the design and construction of the Project through Owner occupancy;
2.3.2.11 a preliminary evaluation of the Program, Project Schedule, and Construction Budget requirements, each in terms of the other including a description of the distribution of the Construction Budget between major Project components, contingencies, and other categories the Contracting Authority may designate;
2.3.2.12 a review of feasible alternative approaches to the design and construction of the Project, if any, including the estimated budget and schedule impacts of those alternative approaches; and
2.3.2.13 an identification of Applicable Law.
2.3.3 If the Project is administered using OAKSCI, the Consultant shall submit its provisional Concept and Design Criteria Documents, and any revisions, to the Contracting Authority and the Owner through the “Design Review” business process.
2.4 Concept and Design Criteria Documents Review
2.4.1 The Contracting Authority, the Owner, and the Consultant shall meet to review the provisional Concept and Design Criteria Documents and to reach agreement on any Contracting Authority- or Owner-authorized adjustments to the Concept and Design Criteria Documents, Project Schedule, Construction Budget, or Project Budget and any necessary clarifications of the provisional Concept and Design Criteria Documents.
2.4.2 Unless the Contracting Authority agrees otherwise in writing, within 5business days after the review meeting, the Consultant shall revise the provisional Concept and Design Criteria Documents to reflect the adjustments and clarifications agreed upon in the review meeting, and resubmit those documents to the Owner and the Contracting Authority. When the Contracting Authority and the Owner approve of the revised Concept and Design Criteria Documents and sign the related Design Review Acceptance form, the revised the provisional Concept and Design Criteria Documents shall become the Final Concept and Design Criteria Documents.
Article 3 - Best value selection Stage
3.1 Commencement
3.1.1 Unless the Contracting Authority directs otherwise in writing, the Best Value Selection Stage will begin upon completion of the activities described under Section2.4.
3.2 General Requirements
3.2.1 In addition to performing those Services required to comply with Sections3.3 through 3.6, during the Best Value Selection Stage, the Consultant shall:
3.2.1.1 meet with the Contracting Authority and the Owner at intervals acceptable to the Contracting Authority and the Owner, to review documents and other information which depict the current status of the Best Value Selection Stage;
3.2.1.2 develop the interest of design-build firms in the Project, including specifically those design-build firms (if any) the Contracting Authority or the Owner asks the Consultant to contact;
3.3 Preliminary Activities
3.3.1 The Consultant shall schedule, conduct, and participate in meetings with the Contracting Authority and the Owner:
3.3.1.1 to assist the Contracting Authority and Owner with assembling the Evaluation Committee (as described under OAC 153:1-6-02);
3.3.1.2 to identify design-builder qualifications criteria required for the Project and to determine how those criteria will be evaluated in the qualifications phase of the selection;
3.3.1.3 to identify the performance criteria and pricing criteria required for the Project and to determine how they will be evaluated and weighted in the request for proposal phase of the selection;
3.3.1.4 to identify and document any minimum or mandatory technical requirements for the project;
3.3.1.5 to establish a process for maintaining records of decisions made at all stages of the selection process; and
3.3.1.6 if appropriate, to determine the amount of any stipend to be paid to the non-selected short-listed design-build firms for a responsive pricing and technical proposal.
3.4 Request for Qualifications
3.4.1 In consultation with the Contracting Authority and the Owner, the Consultant shall (1) prepare and assist the Contracting Authority with publishing the advertisement, (2) prepare and issue the Request for Qualifications and related clarifications, and (3) receive the Statements of Qualifications.
3.4.2 The Consultant shall support the Evaluation Committee in its evaluation of the Statements of Qualifications by advising the Evaluation Committee on technical issues, but the Consultant shall not participate as a voting member of the Evaluation Committee.
3.5 Request for Proposals
3.5.1 In consultation with the Contracting Authority and the Owner, the Consultant shall (1) prepare and issue the Request for Proposals and related clarifications, (2) participate in pre-proposal meetings, and (3) receive the Proposals.
3.5.2 The Consultant shall support the Evaluation Committee in its evaluation of the Proposals by attending proposer interviews and advising the Evaluation Committee on pricing and technical issues, but the Consultant shall not participate as a voting member of the Evaluation Committee.
3.5.2.1 If the Proposals include GMP Proposals, the Consultant shall assist the Evaluation Committee in its comparative analysis and normalization of the GMP Proposals, which Services include the Consultant’s detailed review and analysis of the proposed GMP Documents as described under Section 4.4.
3.6 Contract Award and Negotiation
3.6.1 The Consultant shall assist the Contracting Authority and the Owner with the award and negotiation of the Contract by advising the Contracting Authority and the Owner on pricing and technical issues.
Article 4 - preconstruction stages
4.1 Commencement
4.1.1 Unless the Contracting Authority directs otherwise in writing, the Consultant’s Services during the Project’s Preconstruction Stages will begin upon completion of the activities described under Section3.6.
4.1.2 The Consultant and its key personnel shall attend and participate in the organizational meeting described in the Contract.
4.2 General Requirements
4.2.1 During the Preconstruction Stages, the Consultant shall:
4.2.1.1 issue clarifications and interpretations of the Final Concept and Design Criteria Documents;